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HOUSE CONCURRENT RESOLUTION
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WHEREAS, WB IND-HP, Ltd., alleges that: |
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(1) on or about August 8, 2002, the Texas Building and |
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Procurement Commission entered into a leasing contract with WB |
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IND-HP, Ltd., for 44,456 square feet of net usable office space |
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located at 4616 West Howard Lane in Austin, Texas; |
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(2) 10,850 square feet of that office space was leased |
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by the Texas Building and Procurement Commission on behalf of the |
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Texas Commission on Private Security; |
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(3) the term of the lease was 60 months and |
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contractually scheduled to end on October 31, 2007; |
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(4) at or shortly after the commencement of the lease, |
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the Texas Commission on Private Security took occupancy of the |
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building; |
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(5) the Texas Commission on Private Security ceased to |
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use the space for conducting the affairs of the Texas Commission on |
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Private Security on August 31, 2003; |
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(6) the Texas Building and Procurement Commission, |
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through the Texas Commission on Private Security, ceased making |
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lease payments after August 2003; |
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(7) the Texas Building and Procurement Commission did |
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not send any notice to attempt to cancel the lease until April 29, |
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2004; |
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(8) the Texas Building and Procurement Commission |
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admits that WB IND-HP, Ltd., was a responsive landlord and fully |
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performed on all of its duties to the Texas Commission on Private |
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Security; |
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(9) the Texas Commission on Private Security and its |
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successor, the Texas Department of Public Safety, continued to |
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occupy the space by leaving furniture and office equipment in the |
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space until May 2005; |
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(10) the lease between WB IND-HP, Ltd., and the Texas |
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Building and Procurement Commission states that the contract "is |
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made contingent upon the continuation of federally funded programs, |
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or upon the availability of state funds appropriated by the |
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Legislature, to cover the full term and cost of this lease. In the |
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event a curtailment of federally funded programs occurs, or in the |
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event state appropriated funds are unavailable, the Building and |
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Procurement Commission, hereinafter referred to as the Commission, |
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may assign another State agency to the space, or a part thereof, |
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covered by this lease. Should the Commission be unable to find |
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another State agency or agencies to fill, or partially fill the |
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space, the Commission, upon written notice to the Lessor, either |
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may terminate this lease, or adjust it in accordance with the |
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provisions of this lease"; |
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(11) the Texas Building and Procurement Commission has |
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not shown that state funds have not been appropriated to the Texas |
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Commission on Private Security or its successor, the Texas |
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Department of Public Safety; |
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(12) the Texas Building and Procurement Commission has |
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been unable to find another state agency or agencies to take over |
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the Texas Commission on Private Security lease; |
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(13) by assuming the responsibilities of the Texas |
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Commission on Private Security under House Bill 28 (enacted by the |
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78th Legislature, 3rd Called Session, 2003), the Texas Department |
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of Public Safety is still in possession of the premises; |
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(14) the Texas Commission on Private Security's |
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vacating of the lease premises and the Texas Building and |
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Procurement Commission's cancellation of the lease on behalf of the |
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Texas Commission on Private Security without satisfying the |
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procedural requirements of the lease and the Texas Building and |
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Procurement Commission's refusal to make further lease payments |
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constitute a breach of the lease; |
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(15) the Texas Department of Public Safety has been |
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provided ample appropriations by the legislature; |
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(16) WB IND-HP, Ltd., has incurred damages in the |
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minimum amount of $261,251.03 in unpaid rent owed to WB IND-HP, |
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Ltd., by the State of Texas, and is entitled to pursue relief and |
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any damages for breach of the lease allowed by law as described by |
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Section 107.002, Civil Practice and Remedies Code; |
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(17) both the Texas Department of Public Safety and |
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the Texas Building and Procurement Commission have been |
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unresponsive to WB IND-HP, Ltd., in their attempts to negotiate |
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payments of the owed rent payments, and as a result, WB IND-HP, |
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Ltd., filed a formal claim with the Texas Building and Procurement |
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Commission dated April 28, 2005; |
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(18) the Texas Building and Procurement Commission and |
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the Texas Department of Public Safety have failed and refused to |
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make a good faith effort to resolve this dispute; |
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(19) on July 7, 2005, WB IND-HP, Ltd., submitted its |
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notice of its intent to pursue a breach of contract claim against |
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the Texas Building and Procurement Commission through |
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administrative proceedings under Section 2260.051, Government |
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Code; |
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(20) on August 1, 2005, the Texas Building and |
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Procurement Commission responded to this notice by stating that |
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Chapter 2260, Government Code, does not apply to leases, leaving WB |
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IND-HP, Ltd., with no administrative remedy through which to |
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resolve its claim; and |
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(21) WB IND-HP, Ltd., has exhausted all applicable |
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administrative remedies; now, therefore, be it |
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RESOLVED by the Legislature of the State of Texas, That WB |
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IND-HP, Ltd., is granted permission to sue the State of Texas, the |
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Texas Building and Procurement Commission, and the Texas Department |
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of Public Safety subject to Chapter 107, Civil Practice and |
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Remedies Code, for breach of the lease, together with interest on |
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any amounts due as may be authorized by law; and, be it further |
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RESOLVED, That the chairmen of the Texas Building and |
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Procurement Commission and the Public Safety Commission be served |
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process as provided by Section 107.002(a)(3), Civil Practice and |
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Remedies Code. |